Law:

Section:

Civil service--- ---Promotion -----Entitlement---Civil servant after acquiring Diploma in Associate Engineering in Electrical Technology, was appointed as Sub-­Engineer in B-11 and thereafter when he passed B. Tech. (Hon.) Electrical and also passed Departmental Examination was granted Selection Grade B-16--­Later on amendment was made in Recruitment Rules, 1984 to the effect that 25% of posts in BPS-17 would be filled by promotion and 75% by initial appointment, with 13 years' service in BPS-11 and above and passing of Departmental examination prescribed for placement in selection grade--­Department considered case of civil servant alongwith others for promotion to three posts in BPS-17 and recommended civil servant and two others for promotion, but `Competent Authority did not approve civil servant for promotion and post against which he was recommended was kept in abeyance in favour of other civil servant who though was senior to civil servant, but was not eligible for promotion as he had not passed departmental examination which was mandatory requirement according to Recruitment Rules---At relevant time vacancy to which civil servant was recommended to be posted existed and civil servant who was eligible for that post, was entitled to be promoted to that post from the date when other two recommended civil servants were appointed in BPS-17---Federal Service Tribunal accepting appeal of civil servant, directed Authorities that case of civil servant for promotion in BPS-17 be processed from the date his name was duly recommended and his two colleagues were promoted. Kanwar Mukhtar Ahmed for Appellant. Niaz Ahmed Khan, Standing Counsel for Respondents alongwith M/s. Liaqat Ali, Section Officer, Works Division and Ghayyur Abbas, Establishment Division. Date of hearing: 7th February, 1995. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---Briefly, the facts of this appeal are that the appellant after acquiring the Diploma in Associate Engineering in Electrical Technology from Government College of Technology, Karachi, was selected. for appointment as Sub-Engineer (E/M) in B-11 and was appointed as such with effect from 6-12-1980 in Pak. P.W.D. Thereafter, he passed…

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